Details of probe into medical lapses in the death of former Chief Justice of India were sought - CIC: medical bill are exempt u/ 8(1)(j) - CIC: Facility provided by govt. to a hospital is out of public funds; provide details of facilities given to Medanta

The appellant had sought information on 12 points regarding probe into the medical lapses in death of former Chief Justice of India.

Relevant facts emerging during hearing:

Both parties are present. The appellant filed an RTI application on 18.09.2013 seeking information on 12 points regarding probe into the medical lapses in death of former Chief Justice of India. PIO/ PMO transferred RTI application to Ministry of health and Family Welfare (MOHFW) for providing information on point no. 5 to 9. PIO/OMHFW gave point-wise reply on 09/10/2013 and denied information on point no. 6 to 8 stating no such information is available. The First Appellate Authority vide order dated 19/11/2013 upheld the decision of PIO with observation that the CPIO is bound to give only that information which is available with him under the RTI Act 2005. Appellant stated that PIO denied the information on point no 5 & 6 by stating that information relating to hospital-bills and the person/body who paid the said bill is not available with the ministry. If the information is not available with the PIO, then it may be provided after procuring the same from Medanta Hospital under provision of section 2 (f) of RTI Act. Appellant further stated that PIO in response to query numbers 7 & 8 replied that sought information was not available in the ministry. If the said information is not available with them then it must be transferred to the concerned Public Authority under section 6 (3) of the RTI Act. Respondent stated that information available on records have already been provided to the appellant. PIO is bound to give only that information which is available with him under the RTI Act.